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(영문) 광주지방법원 2016.08.19 2016고정884
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant would pay the purchase price for crops to E of the Victim, Inc., Ltd., the Republic of Korea, on May 14, 2015, when the Defendant distributed crops to E of the Victim, Korea.

A false statement was made.

In fact, even if the defendant brought a fertilizer, he did not have the intention and ability to pay the price.

As such, the Defendant deceptioned the victim, and that deceivings the victim of the fertilizer amounting to KRW 15,378,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes entered in a trading Chapter;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant paid KRW 3.3 million out of the fertilizer price, but the scale of the crime is not small.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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